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Q.1. Who among the following divided the sources of law into formal sources and material sources?
(a) Allen
(b) Keeton
(c) Gray
(d) Salmond
Q.2. The importance of ‘custom’ over other sources of law was stressed by the jurists of the________?
(a) the analytical school
(b) historical school
(c) natural law school
(d) None of the above
Q.3. According to the jurists of Analytical School__________?
(a) custom becomes law after its recognition by the sovereign
(b) custom never becomes law
(c) custom is a law from the very inception of it
(d) customs are only positive morality even after recognition
Q.4. According to the ‘declaratory theory of jurisprudence, the judges only declare the law and they do not make any law. The supporters of this theory were__________?
(a) Bacon and Dicey
(b) Gray and Salmond
(c) Coke and Blackstone
(d) Duguit and Pound
Q.5. Consider the following statements:
1. The object of the legislation is to apply the law
2. Legislation has both creative and abrogative powers
3. Custom is generally based on the will of the people
Of the above statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct.
Q.6. The statement “Precedents are the past decisions which are used as guide in the moulding of future decisions”, is attributed to______________?
(a) Dias
(b) Gray
(c) Keeton
(d) None of the above
Q.7. Which one of the following pairs is correctly matched?
(a) Precedent : Legislature
(b) Precedent : Jurist
(c) Precedent : Judge
(d) Precedent : Agreement
Q.8. Which one of the following pairs is correctly matched?
(a) Antecedent : Remedial right
(b) Rights in rem : Rights in realiena
(c) Proprietary : Contingent rights
(d) Positive : Imperfect rights
Q.9. Which one of the following statements is true?
(a) An antecedent right is a remedial right
(b) A perfect right does not prescribe any remedy
(c) A positive right indicates a negative duty
(d) Proprietary rights are valuable rights
Q.10. Which one of the following is a legal person?
(a) Supreme Court of India
(b) Damodar Valley Corporation
(c) Chief Minister of a State
(d) Governor of a State
Answers with Explanations
1.Correct Answer: D
Explanation- Salmond has divided the sources of law into formal and material sources of law.
Formal Sources: A formal source is that .from which a rule of law derives its force and validity. It is that from which the authority allow proceeds.
Material Sources: The material sources of law are those from which is derived the matter and not the validity of the law. Hence Option D is correct.
2.Correct Answer: B
Explanation – According to the historical theory, the growth of law does not depend upon the arbitrary will of any individual. It does not depend upon any accident. It grows as a result of the intelligence of the people. Custom is derived from the common consciousness of the people. The view of Savigny is that custom is the type of all law and law is valid and just only in so far as it makes known and objectifies in concrete forms the true legal instinct of the community which it purports to govern. Hence Option B is correct.
3.Correct Answer: A
Explanation- According to analytical theory, the custom is a source of law and not the law itself A custom is a law only because the sovereign allows it to be so. Custom has only persuasive value and does not become law until it is followed by the courts. Hence Option A is correct.
4.Correct Answer: C
Explanation- According to the declaratory theory judges are merely law finders and not lawmakers. A judge clues not to make laws but merely discovers in the existing rules of law the particular principles that it farms the facts of the individual cases. Hence Option C is correct.
5.Correct Answer: A
Explanation- All three statements are correct.
Legislation is that source of law that consists of the declaration of legal rules by the competent authority. Legislation is both constitutive and abrogative. It is not only a source of the new law but also the most effective instrument of abolishing the existing law. Law has its existence in the general will of the people and evolves with the people. Hence Option A is correct.
6.Correct Answer: D
Explanation- According to Prof. Gray, judges alone make the law. He said that judges are truly lawgiver. Keeton pointed out that judicial precedent is a source of law. According to him, a judicial precedent is a judicial decision to which authority has in some measure been attached. Hence Option D is correct.
7.Correct Answer: C
Explanation- A precedent is a judicial decision. They are an important source of law. They have enjoyed high authority at all times and in all countries. According to Gray, Judges alone make the law. Hence Option C is correct.
8.Correct Answer: B
Explanation- According to Salmond, a right in re aliena or encumbrance is one that limits or derogates from some more general right belonging to some other person in respect of the same subject matter. A right in rem means a right against or in respect of a thing. A right in rem is available against the whole world. Hence Option B is correct.
9.Correct Answer: D
Explanation- Proprietary rights of a person include his estate, his assets and his property in any form. Proprietary rights have some economic or monetary value. Hence Option D is correct.
10.Correct Answer: B
Explanation- Legal persons are real or imaginary beings to whom personality is attributed by law by way of fiction where not exist in fact. A corporation is a legal person. A corporation aggregate is an incorporated group or body of co-existing persons. united for the purpose of advancing certain end or interests. Hence Option B is correct.